Honble TATIA, J.–Heard learned counsel for the petitioner.

(2). The petitioner is aggrieved against the order dated 10.04.2003 by which the petitioners application dated 20.03.2003 was dismissed by the Trial Court.

(3). Brief facts of the case are that the non-petitioner who is wife of the petitioner filed one divorce petition against the petitioner in the Trial Court. The grounds for seeking relief of divorce are cruelty and desertion. The petitioner submitted reply to the divorce petition and also filed counter-claim and sought relief of divorce on the ground of cruelty and desertion, therefore, there are allegations and counter-claim of cruelty and desertion by each party against other. The petitioner submitted an application under Section 151 CPC and requested that in case, non-petitioner-applicant withdraws the allegations of cruelty and desertion, then the decree may be passed for which the petitioner will have no objection. It is also stated that the petitioner is prepared to submit joint divorce petition under Section 138. The said application was resisted by the non-petitioner-applicant and the application of the petitioner was dismissed by the Trial Court by order dated 16t

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